Durban - KwaZulu-Natal Correctional Services regional commissioner Mnikelwa Nxele, who is embroiled in a labour dispute with the department, says he was refused access to his office despite a recent ruling dismissing an attempt to extend his suspension.
Nxele’s long-running battles with the department’s head, national commissioner Arthur Fraser, led to him being dismissed last year.
However, Nxele successfully challenged his dismissal in the Labour Court and was reinstated.
Fraser then took the matter on appeal to the Labour Appeal Court and placed Nxele on suspension.
The department recently applied for an extension of Nxele’s suspension as the department’s policy states that a disciplinary hearing has to be heard within 60 days after suspension, but an inquiry regarding the matter will be only be heard by an arbitrator later this month.
However, the arbitrator dismissed the application for an extension of the suspension last week.
Nxele said yesterday that in his view, the ruling meant that he could return work.
But on Monday, he was prevented from entering his office in Pietermaritzburg by heavily armed guards.
The guards allegedly told Nxele that they had received a directive from Fraser that he was not allowed to enter as he had been suspended again.
A letter from Fraser to Nxele, which The Mercury has seen, suggests that Fraser has a different interpretation of the arbitrator’s ruling.
The letter states that Nxele will remain suspended until the appeal court hears the matter or the disciplinary process is finalised.
Speaking to The Mercury yesterday, Nxele said: “I was shocked when I was not allowed to enter. The ruling by the arbitrator paved the way so that I can go back to work. His (Fraser’s) letter that I should stay at home is clearly in defiance of all the rulings made by the court, bargaining council and arbitrator,” said Nxele.
He added that he had now written to the Minister of Justice and Correctional Services, Ronald Lamola, calling for his intervention in the matter.
In a letter to Lamola, Nxele’s attorney said Fraser’s letter was a blatant violation of the rule of law.
“If the national commissioner (Fraser) is unhappy about the ruling, he must seek recourse from the courts of the country, and not take the law into his own hands, as he is doing,” reads the letter.
Among the allegations made against Nxele, he was implicated in the state capture inquiry by former Bosasa chief operations officer Angelo Agrizzi, who alleged that he had received bribes from the company.
Nxele has told the inquiry that he wants to cross-examine Agrizzi and clear his name.
Nxele has previously denied that he was placed on suspension due to the allegations made at the inquiry.
He said yesterday that he just wanted to be allowed to return to work.
“I’ve been made to sit at home while there is no suspension in law. In that process, I am getting paid a full salary for nearly two years, and that is unacceptable. All I want to do is to be back at work, and Fraser is resisting all the rulings.”
Department spokesperson Singabakho Nxumalo said Nxele was still suspended.
“We don’t want to say much about the matter as it’s still an internal matter between the employer and the employee.
“The matter must be finalised, and after that there will be a decision on what is going to happen.”
He added that Nxele had no right to enter the work station until the matter was finalised.
“For him to do that, its a very strange move, strange behaviour and someone of the law should know how to act when you are on suspension,” he said.
The Mercury